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Samuel A Rodabough
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Samuel Rodabough’s Legal Cases

7 total

  • Timber Trespass

    Practice Area:
    Litigation
    Date:
    Sep 10, 2009
    Outcome:
    Successful settlement for plaintiff
    Description:
    The clients returned home to discover that their mature trees had been cut by a neighbor without their permission, presumably for the purpose of improving the neighbor's territorial views. The complaint alleged claims for timber trespass and waste/injury to land.
  • Easement Dispute/Quiet Title

    Practice Area:
    Litigation
    Date:
    Apr 18, 2011
    Outcome:
    Successful settlement for plaintiffs
    Description:
    The clients owned 9 residential lots adjoining the Pacific Ocean, which were originally platted in the late 60's and early 70's. The clients had used a path to access the beach since their respective purchases and believed that title to their property included an easement for beach access. After the property containing the path was sold, the new owners blocked the path and prohibited its use. The complaint sought to quiet title to express and prescriptive easements for beach access, injunctive relief to prevent the blockage, and damages for impaired use.
  • Project Permit (Dock)

    Practice Area:
    Land Use & Zoning
    Date:
    Oct 08, 2010
    Outcome:
    Successful settlement for plaintiff
    Description:
    The clients applied to construct a joint-use recreational dock on the Columbia River. The U.S. Army Corps of Engineers and the county granted the necessary permits. However, the Washington State Department of Fish and Wildlife denied a permit for a hydraulic project approval. The permit denial was appealed to the Pollution Control Hearings Board.
  • Lane v. Skamania County, et al., noted at 149 Wn .App. 1017 (2009)

    Practice Area:
    Real Estate
    Date:
    Mar 10, 2009
    Outcome:
    Favorable trial court verdict affirmed on appeal
    Description:
    The adjoining neighbors sued my clients to enforce a 1944 covenant prohibiting the installation of a septic system within 50 feet of a watercourse to prevent the construction and occupation of my clients' proposed new residence. After a multiple day bench trial involving multiple lay and expert witnesses, the court ruled that the covenant was outmoded and, therefore, unenforceable against my clients due to technological advances in septic systems since 1944, among other determinations.
  • Cutter v. McLaren, 157 Wn..App. 1004 (2010)

    Practice Area:
    Real Estate
    Date:
    Jul 26, 2010
    Outcome:
    Affirmed on appeal.
    Description:
    In a prior trial and subsequent appeal, my clients prevailed in their claim that the defendant breached a real estate purchase and sale agreement. The trial court subsequently held the defendant in contempt and ordered payment of sanctions to my clients for failure to perform under the agreement as previously ordered by the court. The defendant appealed the orders of contempt on various grounds.
  • Yousoufian v. Office of Ron Sims, et al., 163 Wn. App. 1008 (2011)

    Practice Area:
    Litigation
    Date:
    Aug 15, 2011
    Outcome:
    Adverse decision reversed
    Description:
    In prior proceedings, the Washington State Supreme Court awarded my client $371,340 in penalties against the County for a violation of the Public Records Act. On remand, my client sought an award of post-judgment interest on the penalties. The trial court concluded that the County was immune from the payment of post-judgment interest, and denied the motion. My client appealed.
  • Home Builders Association of Kitsap County v. City of Bainbridge Island

    Practice Area:
    Land Use & Zoning
    Date:
    Feb 21, 2007
    Outcome:
    Adverse trial court decision reversed
    Description:
    Class action in which Plaintiffs alleged that the City's permit fees were excessive. Specifically, Plaintiffs alleged that the City's fees violated RCW 82.02.020, which only allows local jurisdictions to collect "reasonable fees...to cover the cost to the city...of processing applications, inspecting and reviewing plans, or preparing detailed [environmental] statements."